Most Helpful Girl
yes, it should be based on the specific case especially now days. a lot of times they side with the woman because of old values. "back in the day" women were a lot less likely to be the one going out to party, the aggressors in abuse cases, or do any sort of criminal or malicious act. things have changed a lot since then and in my opinion the judicial system hasn't kept up. I know plenty of men who are better suited to care for or care more about their children than the mother do and yet can't get custody. the courts still assume that a maternal figure is more important than a paternal one and it's crap. if a father is there fighting for their children and there's no reason for him not to have custody, he should be given fair consideration. they need to be more harsh on the judgment of mothers instead of letting them get away with a bunch of stuff because they think the kids are automatically better off with the mother.
Most Helpful Guy
The public perception that courts favor women in divorce will die a very slow death. I am an attorney in Florida and I handle divorce cases. Laws pertaining to alimony and child support have changed drastically in the past 15 years. People tend to not complain about results that are fair so what you hear is complaints about cases that the parties believe were unfair so it is not a surprise that you have a distorted opinion of what happens in divorce cases.
What the law cannot change is the reality that MOST mothers who are nursing newborns who caring for children in diapers do a much better job with children than fathers and courts should always place children where they will receive the best parenting. What the courts also cannot change is that there are MORE fathers than there are mothers who don't want to accept primary responsibility for children. I am not trying to suck up to women; these are just the facts.